Virginia Lemon Law Firms:
This is a list of law firms that are registered as specializing in Virginia lemon law cases.

Virginia Code, § 59.1-207.9 to 207.16:1

59.1-207.9 Short title.

This chapter may be cited as the Virginia Motor Vehicle Warranty Enforcement Act.

59.1-207.10 Intent.

The General Assembly recognizes that a motor vehicle is a major consumer purchase, and there is no doubt that a defective motor vehicle creates a hardship for the consumer. It is the intent of the General Assembly that a good faith motor vehicle warranty complaint by a consumer should be resolved by the manufacturer, or its agent, within a specified period of time. It is further the intent of the General Assembly to provide the statutory procedures whereby a consumer may receive a replacement motor vehicle, or a full refund, for a motor vehicle which cannot be brought into conformity with the express warranty issued by the manufacturer. However, nothing in this chapter shall in any way limit the rights or remedies which are otherwise available to a consumer under any other law.

59.1-207.11 Definitions.

As used in this chapter, the following terms shall have the following meanings:

"Collateral charges" means any sales-related or lease-related charges including but not limited to sales tax, license fees, registration fees, title fees, finance charges and interest, transportation charges, dealer preparation charges or any other charges for service contracts, undercoating, rust proofing or installed options, not recoverable from a third party. If a refund involves a lease, "collateral charges" means, in addition to any of the above, capitalized cost reductions, credits and allowances for any trade-in vehicles, fees to another to obtain the lease, and insurance or other costs expended by the lessor for the benefit of the lessee.

"Comparable motor vehicle" means a motor vehicle that is identical or reasonably equivalent to the motor vehicle to be replaced, as the motor vehicle to be replaced existed at the time of purchase or lease with an offset from this value for a reasonable allowance for its use.

"Consumer" means the purchaser, other than for purposes of resale, or the lessee, of a motor vehicle used in substantial part for personal, family, or household purposes, and any person to whom such motor vehicle is transferred for the same purposes during the duration of any warranty applicable to such motor vehicle, and any other person entitled by the terms of such warranty to enforce the obligations of the warranty.

"Incidental damages" shall have the same meaning as provided in 8.2-715.

"Lemon law rights period" means the period ending eighteen months after the date of the original delivery to the consumer of a new motor vehicle. This shall be the period during which the consumer can report any nonconformity to the manufacturer and pursue any rights provided for under this chapter.

"Lien" means a security interest in a motor vehicle.

"lien holder" means a person, partnership, association, corporation or entity with a security interest in a motor vehicle pursuant to a lien.

"Manufacturer" means a person, partnership, association, corporation or entity engaged in the business of manufacturing or assembling motor vehicles, or of distributing motor vehicles to motor vehicle dealers.

"Manufacturer's express warranty" means the written warranty, so labeled, of the manufacturer of a new automobile, including any terms or conditions precedent to the enforcement of obligations under that warranty.

"Motor vehicle" means only passenger cars, pickup or panel trucks, motorcycles, self-propelled motorized chassis of motor homes and mopeds as those terms are defined in 46.2-100 and demonstrators or leased vehicles with which a warranty was issued.

"Motor vehicle dealer" shall have the same meaning as provided in 46.2-1500.

"Nonconformity" means a failure to conform with a warranty, a defect or a condition, including those that do not affect the drivability of the vehicle, which significantly impairs the use, market value, or safety of a motor vehicle.

"Notify" or "notification" means that the manufacturer shall be deemed to have been notified under this chapter if a written complaint of the defect or defects has been mailed to it or it has responded to the consumer in writing regarding a complaint, or a factory representative has either inspected the vehicle or met with the consumer or an authorized dealer regarding the nonconformity.

"Reasonable allowance for use" shall not exceed one-half of the amount allowed per mile by the Internal Revenue Service, as provided by regulation, revenue procedure, or revenue ruling promulgated pursuant to 162 of the Internal Revenue Code, for use of a personal vehicle for business purposes, plus an amount to account for any loss to the fair market value of the vehicle resulting from damage beyond normal wear and tear, unless the damage resulted from nonconformity to any warranty.

"Serious safety defect" means a life-threatening malfunction or nonconformity that impedes the consumer's ability to control or operate the new motor vehicle for ordinary use or reasonable intended purposes or creates a risk of fire or explosion.

"Significant impairment" means to render the new motor vehicle unfit, unreliable or unsafe for ordinary use or reasonable intended purposes.

"Warranty" means any implied warranty or any written warranty of the manufacturer, or any affirmations of fact or promise made by the manufacturer in connection with the sale or lease of a motor vehicle that become part of the basis of the bargain. The term "warranty" pertains to the obligations of the manufacturer in relation to materials, workmanship, and fitness of a motor vehicle for ordinary use or reasonable intended purposes throughout the duration of the lemon law rights period as defined under this section.

59.1-207.12 Conformity to all warranties.

If a new motor vehicle does not conform to all warranties, and the consumer reports the nonconformity to the manufacturer, its agents, or its authorized dealer during the manufacturer's warranty period, the manufacturer, its agent or its authorized dealer shall make such repairs as are necessary to conform the vehicle to such warranties, notwithstanding the fact that such repairs are made after the expiration of such manufacturer's warranty period.

59.1-207.13 Nonconformity of motor vehicles.

A. If the manufacturer, its agents or authorized dealers do not conform the motor vehicle to any applicable warranty by repairing or correcting any defect or condition, including those that do not affect the drivability of the vehicle, which significantly impairs the use, market value, or safety of the motor vehicle to the consumer after a reasonable number of attempts during the lemon law rights period, the manufacturer shall:

1. Replace the motor vehicle with a comparable motor vehicle acceptable to the consumer, or

2. Accept return of the motor vehicle and refund to the consumer, lessor, and any lien holder as their interest may appear the full contract price, including all collateral charges, incidental damages, less a reasonable allowance for the consumer's use of the vehicle up to the date of the first notice of nonconformity that is given to the manufacturer, its agents or authorized dealer. Refunds or replacements shall be made to the consumer, lessor or lien holder, if any, as their interests may appear. The consumer shall have the unconditional right to choose a refund rather than a replacement vehicle and to drive the motor vehicle until he receives either the replacement vehicle or the refund. The subtraction of a reasonable allowance for use shall apply to either a replacement or refund of the motor vehicle. Mileage, expenses, and reasonable loss of use necessitated by attempts to conform such motor vehicle to the express warranty may be recovered by the consumer.

A1. In the case of a replacement of or refund for a leased vehicle, in addition to any other damages provided in this chapter, the motor vehicle shall be returned to the manufacturer and the consumer's written lease shall be terminated by the lessor without penalty to the consumer. The lessor shall transfer title to the manufacturer as necessary to effectuate the consumer's rights pursuant to this chapter, whether the consumer chooses vehicle replacement or a refund.

B. It shall be presumed that a reasonable number of attempts have been undertaken to conform a motor vehicle to any warranty and that the motor vehicle is significantly impaired if during the period of eighteen months following the date of original delivery of the motor vehicle to the consumer either:

1. The same nonconformity has been subject to repair three or more times by the manufacturer, its agents or its authorized dealers and the same nonconformity continues to exist;

2. The nonconformity is a serious safety defect and has been subject to repair one or more times by the manufacturer, its agent or its authorized dealer and the same nonconformity continues to exist; or

3. The motor vehicle is out of service due to repair for a cumulative total of thirty calendar days, unless such repairs could not be performed because of conditions beyond the control of the manufacturer, its agents or authorized dealers, including war, invasion, strike, fire, flood or other natural disasters.

C. The lemon law rights period shall be extended if the manufacturer has been notified but the nonconformity has not been effectively repaired by the manufacturer, or its agent, by the expiration of the lemon law rights period.

D. The manufacturer shall clearly and conspicuously disclose to the consumer, in the warranty or owner's manual, that written notification of the nonconformity to the manufacturer is required before the consumer may be eligible for a refund or replacement of the vehicle under this chapter. The manufacturer shall include with the warranty or owner's manual the name and address to which the consumer shall send such written notification.

E. It shall be the responsibility of the consumer, or his representative, prior to availing himself of the provisions of this section, to notify the manufacturer of the need for the correction or repair of the nonconformity, unless the manufacturer has been notified as defined in 59.1-207.11. If the manufacturer or factory representative has not been notified of the conditions set forth in subsection B of this section and any of the conditions set forth in subsection B of this section already exists, the manufacturer shall be given an additional opportunity, not to exceed fifteen days, to correct or repair the nonconformity. If notification shall be mailed to an authorized dealer, the authorized dealer shall upon receipt forward such notification to the manufacturer.

F. Nothing in this chapter shall be construed to limit or impair the rights and remedies of a consumer under any other law.

G. It is an affirmative defense to any claim under this chapter that:

1. An alleged nonconformity does not significantly impair the use, market value, or safety of the motor vehicle; or

2. A nonconformity is the result of abuse, neglect or unauthorized modification or alteration of a motor vehicle by a consumer.

59.1-207.14 Action to enforce provisions of chapter.

Any consumer who suffers loss by reason of a violation of any provision of this chapter may bring a civil action to enforce such provision. Any consumer who is successful in such an action or any defendant in any frivolous action brought by a consumer shall recover reasonable attorney's fees, expert witness fees and court costs incurred by bringing such actions.

59.1-207.15 Informal dispute settlement procedure.

A. If a manufacturer provides an informal dispute settlement procedure, it shall be the consumer's choice whether or not to use it prior to availing himself of his rights under this chapter.

B. If a dispute settlement procedure is resorted to by the consumer and the decision is for a refund or a comparable motor vehicle, the manufacturer shall have forty days from its receipt of the consumer's acceptance of the decision or from the date of a court order to comply with the terms of the decision.

C. In any action brought because of the manufacturer's failure to comply with the decision, within the scope of the procedure's authority, rendered as a result of a dispute resolution proceeding or a court order, the court may triple the value of the award stipulated in the decision as provided for in this chapter, plus award other equitable relief the court deems appropriate, including additional attorney's fees.

59.1-207.16 Action to be brought within certain time.

Any action brought under this chapter shall be commenced within the lemon law rights period following the date of original delivery of the motor vehicle to the consumer; however, any consumer whose good faith attempts to settle the dispute have not resulted in the satisfactory correction or repair of the nonconformity, replacement of the motor vehicle or refund to the consumer of the amount described in subdivision 2 of subsection A of 59.1-207.13, shall have twelve months from the date of the final action taken by the manufacturer in its dispute settlement procedure or within the lemon law rights period, whichever is longer, to file an action in the proper court, provided the consumer has rejected the manufacturer's final action.

59.1-207.16:1 Disclosure of returned vehicles; penalty.

A. If a motor vehicle that is returned to the manufacturer or distributor either under this chapter or by judgment, decree, or arbitration award in this or any other state and is then transferred by a manufacturer or distributor to a dealer, licensed under Chapter 15 (46.2-1500 et seq.) of Title 46.2, in Virginia, the manufacturer or distributor shall disclose this information to the Virginia dealer.

B. If the returned vehicle is then made available for resale or for another lease, the manufacturer shall, prior to sale or lease, disclose in writing in a clear and conspicuous manner, on a separate piece of paper in ten-point capital type, to the Virginia dealer that this motor vehicle was returned to the manufacturer, distributor or factory branch, the nature of the defect which resulted in the return, and the condition of the motor vehicle at the time of transfer to the Virginia dealer. It shall be the responsibility of the dealer that receives this disclosure to give notice of its contents to any prospective purchaser or lessee prior to sale or lease, and to transfer the disclosure, or a copy thereof, to the next purchaser or lessee. A dealer's responsibility under this section shall cease upon the sale or lease of the affected motor vehicle to the first purchaser or lessee not for resale or lease.

C. Any manufacturer or distributor who violates this section of the Motor Vehicle Warranty Enforcement Act shall be guilty of a Class 3 misdemeanor.

Essentially, the Lemon Laws stipulate that if you purchase (and in most states, lease) a brand new or pre-owned car or other car with a warranty that is found to be damaged after repeated repair attempts, and the original equipment manufacturer cannot fix it even with recurrent attempts (inside a specified time that differs from state to state), or if the motor vehicle is in the shop for a limited period (typically 30 days) because of its troubles, you are eligible to a wide range of breaks, including:

1. Money restitution
2. A repayment of the purchase cost
3. A new car
Moreover, nearly all of the Lemon Laws (as well as the Federal Warranty Law) incorporate a fee changing element which states that if you win your case, the manufacturer or dealership which sold you your lemon is forced to repay laywers' fees.


Lemon Law Statutes
State-specific Lemon Law Regulations
Each of the 50 states has its own Lemon Law statute. Even though the verbiage of each state's statute differ, the conventional state Lemon Law statute extends cure for owners with a imperfect motor vehicle purchased with a warranty if:

1. The dealer or manufacturing business just can't genuinely remedy a particular problem in the motor vehicle after a reasonable number of repair efforts (usually at least three);
2. The automobile can't be used for at least 30 days due to shortcomings in the vehicle; or
3. The dealer or manufacturing business just can't fix a flaw that is a pressing safety risk.

By and large, a defective automobile is a automobile with a defect or affliction that considerably impares its drivability, value, or safety to the consumer and doesn't conform to the warranty. Frequently, the period in which the Lemon Laws are applicable are relatively short; the shortcomings and consequential repair attempts (or out-of-service period) typically must occur during the first 2-years or 24,000 miles in which the purchaser owns the vehicle. However, a number of states have even shorter periods. Furthermore, almost all states have notice and trigger requirements, such as wanting the consumer to send registered mail notice to the original maker of the faults and affording the dealer a period to repair the vehicle. Additionally, many states demand that Lemon Law cases be adjudicated through an arbitration system.

Generally, state Lemon Law ordinances also are applicable to leased automobiles and used cars purchased while under the producers original warranty. A lot of state Lemon Laws also apply to automobiles other than passenger cars. depending upon the customer's state of residence, or the state where the consumer bought the automobile, Lemon Laws may apply to:

-RV's
-Motorcycles
-Pleasure Boats
-Other consumer commodities (such as televisions)
There are a number of significant remedies possible under the Lemon Laws. U.S. Statesten times, if the original maker just can not repair the automobile, the consumer may either expect the original maker to replace the automobile, or force the original maker to take back the automobile and repay the original price paid along with accompanying costs, such as all charges, towing charges, repair charges, related travel costs and other costs incurred by the consumer as a consequence of the problems in the automobile. Another important solution possible under most Lemon Laws is laywers' fees. In many states, if you prevail in a Lemon Law case, you won't have to pay any legal charges-the automobile original producer that sold you your lemon is obligated to pay all of your litigation expenses.

The defendant automobile original equipment manufacturer can utilize several defenses to a Lemon Law claim. The general regulation provides that the manufacturing business is not guilty if it can show clearly that the defects in dispute happened due to abuse, forget about, or the alteration or modification of a auto by anybody other than the manufacturing business, its agent, or an authorized dealership. In other words, if the consumer breaks his or her own car, or the shortcomings were the fault of modifications or adjustments carried out by a third party, the manufacturing business might not be responsible.


Federal Lemon Law Statutes
The Magnuson Moss Act
The Magnuson-Moss Warranty Act is the federal law that moderates consumer goods warranties. Signed by Congress in 1975, the Magnuson Moss Act requires manufacturing business and vendors of consumer goods to provide consumers itemized facts about warranty coverage claims. Additionally, it sets both the rights of consumers and the responsibilities of warrantors under written warranties.

Although the Magnuson Moss Act does not demand an auto original maker to provide customers with a warranty, if a warranty is offered, the Magnuson Moss Act extends various protections for the consumer. The Magnuson Moss Act makes it easier for buyers to sue for not honoring the warranty by making breach of warranty an infraction of federal law, and by allowing purchasers to recoup legal costs and fair attorneys' expenses.

The Magnuson Moss Act is frequently valuable in a lemon situation in which, for some reason, a state Lemon Law claim is not available or furthermore unsuited. For example, unlike the relatively short cycle offered to consumers with most Lemon Laws, you may file a claim for breach of warranty after the warranty period has expired as long as the troubles occurred during the warranty time period. Also, although many Lemon Laws limit their coverage benefits to a narrow number of cars, the Magnuson Moss Act applies to near all consumer items. The Magnuson Moss Act might also apply if you bought or leased a used car without a manufacturer's warranty, or if the car is covered by a service agreement or other variety of extended warranty.


The Uniform Commercial Code
The Uniform Commercial Code (referred to as "UCC") has been enacted in every state. It is the primary agent of law regulating contracts dealing with the sale of products, including motor vehicles and other items. The UCC affords a legal avenue for customers with lemon troubles.

UCC code stipulates that the buyer of a good is entitled to return merchandise that break in any respect to the warranty. Thus, if your recently purchased car doesn't function as pledged by the manufacturer (your original warranty is part of your warranty), you may file a claim citing the UCC in addition to any additional claims you might have.

The time for taking back a motor vehicle with the UCC is not unlimited. If you expose a flaw in your automobile inside a reasonable review time period, you may return the car. Unfortunately, new automobiles can be frequently mechanically enigmatic and you may not notice whether your automobile conforms to the contract till long after you buy the automobile and problems begin to develop. Therefore, if Following this review period you fail to reject the automobile, you will be pronounced to have okayed it and might have no claim through the UCC.

The length of the inspection period is not specified in the regulation. Local courts decide how long the reasonable inspection period is based on the purchaser's understanding and experience, the purchaser's difficulty in discovering the fault, and the purchaser's opportunity to discover the flaw.

In spite of this restriction, the UCC stipulates that in certain examples where a consumer is deemed to have approved of products (i.e. the reasonable inspection period has passed), a consumer can still disclaim his acceptation of those goods where the non-conformity largely impares the value of the goods to him. Those instances include situations where it was difficult to reveal the nonconformity or the consumer was told that the non-conformity would be repaired. Re-stated, the court will excuse the consumer from not rejecting the goods where the consumer could not have reasonably done so, or where the manufacturer promised the buyer that the problems would be repaired.
When a motor vehicle excessively gives out and you have to keep taking it back to the dealer for repair under the warranty, the car lemon law may be your next course of action. The flaw must be significant where it hinders your driving the automobile or your safety. A automobile stalling for no reason is a significant flaw. This is exactly the type of problem that can hamper your driving and your safety. Under the motor vehicle lemon law you are not obligated to indicate why the auto is stalling, you merely have to demonstrate that it is stalling. Basically you need to go over the lemon law in these three situations: the auto keeps breaking down inside the warranty period, the auto is a safety risk, the dealer is unable to restore the auto when it is guaranteed.

If you own a product which is a lemon you can directly write to the original maker and ask for another equivalent product. If this request is not satisfactory to the original maker, you may move into an arbitration arrangement. A few makers use their own arbitration program. Other makers have outside arbitration program including Autoline by the BBB. The opinion of the arbitrators is binding on the original maker but not on the purchaser. If unsatisfied with the proposal, the purchaser can take the original maker to court.

Virtually all laws specify that the customer ought to be returned back to the financial position they were in prior to purchasing the car, less the amount that the customer profited from by using the car. To get the refund amount various components are considered such as was it a sale or a lease, the purchase price, taxes and license, and mileage etc.
Some virtually new pre-owned motor vehicles might qualify under regular lemon laws. For example, a pre-owned auto may fall under normal lemon laws if it is less than a year old and has got less than 12,000 miles on the odometer. States that do have a used car lemon law might be more accommodative with the age and measure of mileage. Still, the car needs to be sold by a dealership that provides a warranty. Personal sales are not governed, nor are motor vehicles sold under a declared original price paid. There may be other restrictions to a used car lemon law such as the purposes for which the car is driven or the categorisation of car. Classic automobiles, are commonly excluded from used car lemon laws. Used car lemon laws normally cover a much shorter time period than new car laws. They frequently range from 30 to 90 days, based on your pre-owned vehicle's mileage.
When finding an attorney for your lemon case, make sure that your lawyer is knowledgeable about the ordinances that apply to your state. Also enquire about the fee system. Many lemon law lawyers take a relatively humble retainer to handle a lemon law claim, and thenceforth, the attorney's bills are charged to the original producer. Fundamentally, lemon law claims are ordinarily very affordable to consumers. The reimbursement of lawyer bills differs from state to state. About one-half of the states allow you to recoup your Lawyer fees if you win. The attorney's fee is based on actual time used rather than being linked to any other share of the recovery. In some States, you must pay the manufacturing business* lawyer's fees if you lose.

Consumers should put their charges in writing and retain a copy. In any written communication, always outline how difficult it is to return the auto to the dealer for repairs and that the reliability that the purchaser believed He was receiving has been non-existent. Any written communication with a car dealership or original producer ought to be sent using certified post. In virtually all instances the makers claim that they haven't had the needed number of attempts to fix the defect. They rely on the reality that the purchaser doesn't have repair receipts for each occurance they have taken the automobile into the shop. They also bet on the possibility that the repair receipts have seperate parts fixed each period showing that they haven't fixed the same problem. Consumers should respond by asking that sellers always give them a warranty repair order. Consumers ought to also contend that these unwritten visits are efforts.

Make sure to be cognisant of your lemon law rights. Upon purchase, immediately page through your owner's binder and warranty info completely, and the reference pertaining lemon law rights that you should obtain when you acquire your vehicle. Don't depend on your dealer to show you what troubles are covered by warranty. If your dealer states that a problem isn't covered and you think that he is purposely misleading you, be polite but self-assertive. Don't be afraid to go over the part of the warranty that is relevant, or to call the manufacturing business for verification applying the contact info included inside your owner's binder. You should not be obliged pay for work pertained to lemon law complaints. It's also necessary to notify the manufacturing business of a complaint immediately. If you are suspicious that your automobile has a problem which just can not be repaired, check your lemon law rights to see when you are able to bring a lemon law complaint.

Lemon Law Tips:

1. Take your car in early - as soon as something appears wrong.
2. Hold onto repair orders - Always obtain a work order when you take the vehicle for repairs, and always obtain a completed repair order when work is completed. Be sure the work order reflects your own thoughts and comments regarding your complaints. If the technician summarizes or changes your complaint too much, have that technician add your corrected comments. Sign and receive a copy of the repair Order before leaving.
3. Be consistent in your complaints. Lemon Laws generally require that a manufacturer's authorized repair facility be provided with a reasonable number of opportunities to repair the same problem(s). Therefore, be as consistent as possible on each repeated repair attempt in describing the problem(s) you are having. This will establish that the problem is the same recurring problem, and will make any potential lemon law claim easier to establish and prove.

4. Look for TSBs: Technical Service Bulletins are issued by manufacturers regarding common defects or repairs in certain automobile models. Your dealer will not seek to tell you about TSBs unless you ask. Ask the dealer to make note of your TSB request on the repair order, even if your dealer tells you that none exist for your problem.
5. Watch for bad advice - Dealers and manufacturers personnel, without intending to, frequently practice law by giving you their version of lemon laws. Typically it is wrong and may be detrimental to your case. It doesn't matter whether the reason for this misinformation is unintentional or not. The effect is similar. So check any advice given by the dealer or manufacturer before making any decision that may harm your case.

6. Beware of arbitration - Manufacturers frequently recommend arbitration or even imply that it is a mandatory prerequisite to resolving your problem. Arbitration is neither desirable nor mandatory! And it is absolutely not a prerequisite for making a lemon law demand!
Leading Misconceptions regarding the Lemon Laws

If my case does not qualify for the lemon law there is nothing I can do.
Attorneys regularly take cases that do not meet the lemon law criteria. All purchasers of defective products have a legal right to compensation. They frequently take cases which do meet the mileage or repair criteria of the lemon law, bring them in court, and secure compensation or other relief for the buyer.

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